Medical malpractice is a serious problem for many people. The health care system is designed to prevent patients from being hurt for the actions of their doctors. However, this can happen from time to time when health care providers ignore standard practices. In these cases, it is not uncommon for patients to end up with more serious injuries because of the treatments their doctors recommended.
Although these injuries are unintentional, the healthcare provider is still responsible and the patient still has injuries, they need additional medical treatment. The medical bills for these treatments can be a heavy and unnecessary burden for the patient. Fortunately, these patients can recover compensation for their injuries from a medical malpractice lawsuit.
If you or someone you know is the victim of medical malpractice, you need a skilled attorney to help you file a lawsuit. At Distasio Personal Injury Law, we have a team with extensive experience and training in medical malpractice law. Give our office a call at (813) 259-0022 to schedule a consultation with a medical malpractice attorney, and let us help you get the compensation that you deserve.
For a free legal consultation with a medical malpractice lawyer serving Hudson, call (813) 259-0022
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider ignores standardized ways of treating a patient, which leads to more patient injuries. While every case is different, the medical industry has standardized ways of diagnosing and treating patients. When doctors do not follow standardized treatment and diagnostic methods, their treatment recommendations can lead to patients being injured as a result of the treatment process.
The most common example of this is when a doctor orders diagnostic testing, like x-rays and CAT Scans, but ignores the results when making a treatment recommendation. In most cases, this diagnostic information can have a significant effect on the treatment that the doctor recommends. By ignoring the test results, the doctor fails to maintain industry-standard diagnostic methods and ignores critical information that could have prevented a patient’s new injuries. As a result, the doctor is liable for the costs of treating the new injuries.
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Proving Medical Malpractice
Medical malpractice cases are notoriously difficult to win because of the type of evidence needed to prove malpractice. To win your case, you will need a collection of documents, expert medical opinions, and testimony from staff members that show that the doctor ignored standard practices. Collecting all of this evidence can be time-consuming and require a lot of resources that most people do not have access to. If you are going to file a medical malpractice lawsuit against a healthcare provider, you will need a skilled and experienced attorney and the resources needed to facilitate the case.
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Medical Malpractice Liability
If you win the medical malpractice lawsuit, the healthcare provider will be responsible for providing compensation. In some cases, compensation could be medical services to correct the problem or treat an injury. However, most medical malpractice cases determine a specific amount of money paid to the injured patient as compensation. This payment will help cover the ongoing medical expenses needed to treat the patient’s injuries.
The health care provider will be liable for several types of compensation. These include:
- Pain and suffering
- Medical bills
- Lost wages
The payments for each of these categories are determined separately on a specific set of factors. Each case is different and the compensation paid to the patient changes based on the specifics of each case. Here is a look at the different types of compensation that the healthcare provider can be held liable for.
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Medical Bills and Lost Wages
Medical bills are perhaps the most important category that the patient will receive compensation for. Any medical bill associated with the medical malpractice injury can be included in the compensation. This category of compensation exists so that injured patients can handle the additional medical bills without losing everything.
Since additional injuries could cause the patient to miss work, the healthcare provider may have to cover the patient’s lost wages. This compensation would be in addition to covering the patient’s new medical bills assigned to prevent the patient from suffering another setback because of the health care provider’s actions.
Poor Outcomes Vs. Medical Malpractice
Just because a loved one died as a result of a medical procedure or a surgery wasn’t successful, it doesn’t mean that medical malpractice occurred. Medical malpractice is specific to cases where the doctor ignored standard practices when treating a patient. To file and win a medical malpractice lawsuit over, you will need extensive evidence proving that the doctor did not follow the appropriate procedures. If you have any questions or doubts about a potential medical malpractice case, consult with a qualified medical malpractice attorney. An initial consultation will give you the chance to ask a lawyer about a potential case.
A medical malpractice lawsuit could have a major impact on a doctor’s reputation and business. Because of this, most medical malpractice lawsuits are settled before they go to trial. Healthcare providers want to close the case as soon as possible and try to keep all of the specifics from becoming a matter of public record. The healthcare provider will likely offer you a settlement that seems like a lot of money, but may not effectively address your future costs.
It is important to have any settlement agreement reviewed by a lawyer before you sign it. While the amount of money offered seems like it will last a long time, most settlement offers do not account for the full impact of the injuries. Medical costs, as well as the inability to work into your later years, will hurt your ability to make money or save money. Have a lawyer look at the agreement to ensure that you are offered enough to cover the changes in your earnings and costs, long into the future. Settlement agreements also have stipulations that you must adhere to. Your lawyer can make sure that they are not outrageous or overly controlling.
Are You a Victim of Medical Malpractice?
If you or someone you know is a victim of medical malpractice, you need a skilled attorney to help you file your medical malpractice case. At Distasio Personal Injury Law, our team is comprised of lawyers with extensive experience and training in medical malpractice and personal injury law. Call our office at (813) 259-0022 schedule a consultation, and let us help you recover the compensation that you deserve.